Chapter 7
CHAPTER 7- NONCONFORMING USES AND EXCEPTIONS



7.0.10 Purpose.



It is the purpose of this chapter to provide for the regulation of legally nonconforming structures, lots of record, uses, and signs, and to specify those circumstances under which such non-conformities shall be permitted to continue.



7.0.20 Continuance of a Nonconforming Use or Structure.



A nonconforming use or structure may be continued and the extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time of passage of this ordinance, is not considered enlargement or expansion of a nonconforming use under of this ordinance.



7.0.30 Enlargement or Expansion of a Nonconforming Use.



A nonconforming use may be enlarged or expanded under the following conditions:



1. As set forth in Section 7.0.20.



2. A nonconforming use may be altered or expanded if the alteration or expansion does not deviate further from the standards of this ordinance.



3. Except in the C zone, a nonconforming structure may be expanded to encompass a larger footprint provided that the expanded footprint does not exceed 15% of the size of the nonconforming structure’s existing footprint as defined by the County Assessor, or over 15% of the assessed value of the existing structure.



7.0.40 Discontinuance or Change of a Nonconforming Use.



A nonconforming use of land, building, or structure is subject to the following conditions:



1. When a nonconforming use has been discontinued for a period of twelve (12) months, it shall be terminated.



B. When the structure which is nonconforming has been destroyed to an extent exceeding 50% of the assessed value as determined by the County Assessor for the year in which the damage or destruction occurred, the structure may be rebuilt provided that there is a site plan review carried out under Section 5.0.50 Application and Hearing Procedure for a conditional use permit, but shall not be subject to site plan requirements set forth in Section 5.2.10 . The Planning Commission may place specific conditions upon the development using the criteria set forth in Section 5.0.40 (A - L).



2. If a nonconforming use not involving a structure is replaced by another use, the new use shall conform to this ordinance unless the Planning Commission determines that such structure is suitable only for another nonconforming use no more detrimental to surrounding properties than the one that is replaced. In such cases, the use shall be processed as a conditional use by the Planning Commission subject to Chapter 5.



7.0.50 Completion of a Nonconforming Structure.



Nothing contained in this ordinance shall require any change in the plans, construction, alteration, or designated use of a structure for which a building permit has been issued and construction work has commenced prior to the adoption of this ordinance provided the building, if nonconforming or intended for a nonconforming use, is completed and in use within two (2) years from the time the building permit is issued.



7.0.60 Nonconforming Lot of Record.



In any zone in which a single lot of record may exist at the time of the passage of this ordinance, that lot may be built upon even though that area requirements may be less than specified for the zone that it is in. All of the zone’s yard and setback requirements shall apply. Variances from yard requirements are subject to Chapter 5 of this ordinance.



7.0.70 Exceptions for Building Projections.



Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys, and flues shall not project more than eighteen (18) inches into a required yard.



7.0.80 Exceptions to Height Regulations.



The height limitations contained in the district/zone regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances measuring less than six (6) feet in any horizontal dimension which are not intended for human occupancy and which are usually required to be placed above the roof level.



7.0.90 General Exceptions to Yard Requirements.



The required front yard for a dwelling on a lot in any zone need not exceed the average depth of the nearest front yards of dwellings within 100 feet on both sides of the proposed dwelling except that vision clearance requirements set forth in Section 4.0.20 shall be met.